Harrington v Harrington & anor [2018] IEHC 751 (20 December 2018)

Harrington v Harrington & anor [2018] IEHC 751 (20 December 2018)

The court lacks jurisdiction to appoint an independent expert valuer to determine share value absent a finding or admission of oppression. It would not be just or fair to bind the applicant to an expert valuation without his input.

Citation
[2018] IEHC 751
Parties
Applicant: Flor Harrington; First Respondent: John Harrington; Second Respondent: Kush Seafarms Limited; Notice Party: Bord Iascaigh Mhara; Notice Party: Malachy Lynch
Jurisdiction
Ireland
Judgment Date
20 December 2018
Procedural Posture
Company Law Application Under S.212 Companies Act 2014 / Interlocutory Motion for Appointment of Independent Valuer
Outcome
Motion refused
Legal Topics
Oppression of Minority Shareholders, Share Valuation, Court Jurisdiction, Appointment of Expert Valuer
Company Law Oppression of Minority Shareholders Share Valuation Court Jurisdiction Appointment of Expert Valuer

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Parties

Flor Harrington

Applicant

John Harrington

First Respondent

Kush Seafarms Limited

Second Respondent

Bord Iascaigh Mhara

Notice Party

Malachy Lynch

Notice Party

Procedural Posture

Company Law Application Under S.212 Companies Act 2014 / Interlocutory Motion for Appointment of Independent Valuer

Legal Issues

  1. 1 Whether the court has jurisdiction to appoint an independent expert valuer to determine share value absent a finding or admission of oppression
  2. 2 Whether it is just or fair to bind the applicant to an expert valuation without his input

Ratio Decidendi

The court lacks jurisdiction to appoint an independent expert valuer to determine share value absent a finding or admission of oppression. It would not be just or fair to bind the applicant to an expert valuation without his input.

Court Disposition

Motion refused

Orders

  • Order for costs in favour of applicant; execution stayed until final determination of proceedings